Kamlesh Sen vs The State Of Madhya Pradesh
2024 Latest Caselaw 5516 MP

Madhya Pradesh High Court

Kamlesh Sen vs The State Of Madhya Pradesh on 22 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                       CRA No. 13769 of 2023
                                               (KAMLESH SEN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 22-02-2024
                                 Mr. Prem Singh Bhadouria - Advocate for the appellant.

                                 Mr. Dinesh Savita - Panel Lawyer for respondent/State.

The appeal being arguable is admitted for final hearing. Heard on I.A. No.22388 of 2023, first application under Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant.

This criminal has been filed under Section 374 (2) Cr.P.C. against the

judgment of conviction and sentence dated 13.9.2023 passed by Special Judge, M.P.D.V.P.K. Act, Dabra, District Gwalior (M.P.) in SC DOCT No. 11 of 2016, whereby appellant has been convicted and sentenced under Section 394 of IPC r.w. Section 11/13 of MPDVPK Act to undergo rigorous imprisonment of 7 years with fine of Rs.10,000/- with default stipulation.

Learned counsel for the appellant argued that learned trial Court has wrongly convicted the appellant without considering the material available on record. It is further argued that FIR was lodged against unknown persons and before T.I.P. appellant-accused was shown the complainant in police station

which is evident from statement of Bharat Singh(PW/6) at para 2. It is further argued that independent witness of memorandum and recovery has not supported the case of the prosecution and turned hostile. Looted articles have not been seized from the possession of the applicant. Further argument is that appellant has already suffered almost ten months of incarceration out of total jail sentence. The final hearing of the appeal is likely to take long time to conclude. Hence, prayed for suspension of jail sentence and grant of bail to the appellant.

On the other hand, learned State counsel opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the available record. Considering the facts and circumstances of the case, without commenting on merits of the case, I.A. No.22388 of 2023 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the Office

of this Court on 06.5.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)